For the purposes of this chapter, certain terms and words are hereby defined as follows:

ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

ADULT ENTERTAINMENT CABARET: A public or private establishment which features topless or nude dancers and/or waitresses, strippers, male or female impersonators and/or similar entertainers.

ADULT ENTERTAINMENT CENTER: An enclosed building with the capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT GIFT SHOP: An establishment having as a substantial or significant portion of its stock in trade pictures, photographs, drawings, diagrams, paraphernalia, apparatus or other objects which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted for the sale or display of such material.

ADULT MOVIE THEATER: An enclosed building with a capacity of fifty (50) persons or more used primarily for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

SPECIFIED ANATOMICAL AREAS:

   A.   Less than completely and opaquely covered human genitals, pubic region, the female breast below a point immediately above the areola to a point immediately below the areola, said opaque cover covering the entire areola.

   B.   The display of the human male genitals in a discernibly turgid state, real or simulated, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: Actual or simulated human genitals in a state of sexual stimulation or arousal; acts or simulated acts of human masturbation, sexual intercourse or sodomy; acts or simulated acts of oral sexual conduct; fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 97-O-1, 1-7-1997)

In order for an adult bookstore, adult entertainment center, adult gift shop, adult movie theater, or an adult entertainment cabaret to operate within the zoning jurisdiction of the city, it must first obtain a conditional use permit pursuant to the conditions of subsection 10-4-3D of this title and comply with the requirements and conditions of this chapter. (Ord. 97-O-1, 1-7-1997)

The conditional use application shall contain the exact name and addresses of the applicant and shall set forth specific reference to the purpose to which the conditional use shall be utilized. Said use shall not be expanded without further approval by the board of zoning appeals and planning as set forth herein. (Ord. 97-O-1, 1-7-1997)

The following restrictions and requirements shall apply to an applicant for an adult bookstore, adult entertainment center, adult gift shop, adult movie theater, and/or adult entertainment cabaret. No conditional use shall be approved for a premises which:

   A.   Is located within one thousand feet (1,000') of any existing school; church; mortuary or undertaking establishment; home for the aged or indigent persons, veterans or their spouses or children; establishments selling alcoholic beverages; township, municipal or other governmental unit; park; recreation facility; teen or youth center; or residence.

   B.   Is located within one thousand feet (1,000') of another establishment already operating a business defined herein.

   C.   Has more than one outdoor sign advertising its existence or location.

   D.   Has an outdoor sign exceeding ten feet (10') in length or three feet (3') in width.

   E.   Has an outdoor sign which contains any emphasis either by wording or picture or otherwise of matters relating to sexual activities.

   F.   Displays the stock in trade of adult entertainment establishments to the public view from outside the establishment.

   G.   Fails to post a notice at the door that entry by persons under age eighteen (18) is forbidden. (Ord. 97-O-1, 1-7-1997)

   H.   The conditional use permit shall only be granted into areas designated by this title as I-1 light industrial or I-2 heavy industrial. (Ord. 97-O-1, 1-7-1997; amd. 2006 Code)

   I.   For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of the lot or parcel containing the nearest adult use; school; church; mortuary or undertaking establishment; home for the aged or indigent persons, veterans or their spouses or children; establishments selling alcoholic beverages; township, municipal or other governmental unit; park; recreation facility; teen or youth center; or residence.

   J.   There shall be a five foot (5') buffer zone existing between any and all topless or nude dancers, strippers, male or female impersonators, or other similar live entertainers and the nearest customer. (Ord. 97-O-1, 1-7-1997)

   A.   It shall be deemed a violation of this chapter to do any of following:

      1.   Violate any conditions as set forth in this subsection.

      2.   No owner, operator, employee of an operator, or customer shall, on the premises, engage in or permit the occurrence of human masturbation, sexual intercourse, oral sex, sodomy, or other contact stimulation of the genitalia or engage in or permit the occurrence of any act constituting the offense of obscenity under the Illinois criminal code 1 .

      3.   No owner, operator, employee of an operator, or customer shall allow, permit, or authorize the physical contact between any employee, entertainer, or agent of the establishment and a customer.

   B.   Any person found guilty of violating any of the provisions of this section shall be fined not less than five hundred dollars ($500.00), and each day of violation shall constitute a separate offense. (Ord. 97-O-1, 1-7-1997)

All business establishments not complying with this chapter shall be required to obtain a conditional use permit in conformity with this chapter within one year of the effective date hereof or cease operations. (Ord. 97-O-1, 1-7-1997)